PENNSYLVANIA HOUSE BILL PROPOSES TO ELIMINATE EMPLOYERS' USE OF THE CAPTIVE AUDIENCE TACTIC

On April 10, 2023, a bill (2023 PA H.B. 861 (NS) was introduced in the PA House to amend the Pennsylvania Labor Relations Act amending certain definitions and providing for new unfair labor practices, among other things. For instance, the bill would make it an unfair labor practice for an employer to * * *

(g) To require or coerce an employe to attend or participate in the employer's campaign activities unrelated to the employe's job duties [force employees to participate in captive audience meetings], and, also,

(i) To coerce an employe into undertaking or promising not to pursue, bring, join, litigate or support any kind of joint, class or collective claim arising from or relating to the employment of the employe, and

(j) To retaliate or threaten to retaliate against an employe for refusing to undertake or promise not to pursue, bring, join, litigate or support any kind of joint, class or collective claim arising from or relating to the employment of the employe: Provided, That any agreement that violates this clause or results from a violation of this clause shall be to that extent unenforceable and void. This clause shall not apply to an agreement embodied in or expressly permitted by a contract between an employer and a labor organization.

To see text of bill, https://www.legis.state.pa.us/.../PN/Public/btCheck.cfm...

For sponsorship memoranda, see https://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39022